Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

Parker v. Berryhill

United States District Court, E.D. Missouri, Eastern Division

July 10, 2018

JAMES C. PARKER, Plaintiff,
v.
NANCY A. BERRYHILL, Defendant.

          MEMORANDUM AND ORDER

          ABBIE CRITES-LEONI UNITED STATES MAGISTRATE JUDGE

         Presently pending before the Court is Defendant's Motion to Dismiss for lack of subject matter jurisdiction due to Plaintiff's failure to exhaust his administrative appeal remedies. (Doc. 18.) Plaintiff has filed a Response in opposition to Defendant's Motion to Dismiss. (Doc. 22.) Because this Court does not have subject matter jurisdiction over this appeal, Defendant's Motion to Dismiss will be granted.

         I. Procedural Background

         On July 17, 2017, Plaintiff was notified he was overpaid $10, 757 due to wages he earned while collecting retirement benefits. (Doc. 19-1.) On the same date, Plaintiff filed a request for waiver of his overpayment. (Doc. 19-2.) Plaintiff's waiver request was denied on July 24, 2017. (Doc. 19-3.) After a personal conference held on August 31, 2017, Plaintiff's waiver request was again denied on September 1, 2017. (Docs. 19-4, 19-5.)

         On September 28, 2017, Plaintiff filed a request for hearing by an administrative law judge (“ALJ”). (Doc. 19-5.) Defendant states that this request is currently pending and a hearing is scheduled for July 19, 2018. (Doc. 19-1 at p. 3.)

         Plaintiff filed the instant action for judicial review of the Social Security Administration's (“SSA”) decision on December 26, 2017. (Doc. 1.)

         On May 3, 2018, Defendant moved to dismiss this action for lack of jurisdiction. Defendant contends that Plaintiff has not exhausted his administrative appeals remedies. The Court directed Plaintiff to file a Response to Defendant's Motion to Dismiss. (Doc. 21.)

         On June 13, 2018, Plaintiff filed a Response, in which he states, in relevant part: “I feel certain that the outcome or end result of any hearing conducted by Social Security will favor Defendant.” (Doc. 22 at p. 1.) Plaintiff further states that his retirement benefits are “the life line to paying monthly living expenses, ” and that Defendant is “on the verge of destroying [his] life.” Id.

         II. Discussion

         The federal courts are tribunals of limited jurisdiction. They are empowered to hear only those cases that: (1) are within the judicial power of the United States, as defined in the Constitution; and (2) have been entrusted to them by a jurisdictional grant from Congress. See Aldinger v. Howard, 427 U.S. 1 (1976); see also 13 Wright & Miller, Federal Practice and Procedure § 3522, p. 100. Where it appears that subject matter jurisdiction is lacking, it is incumbent upon this Court to dismiss the case. See Arbaugh v. Y&H Corp., 546 U.S. 500, 514 (2006) (“[W]hen a federal court concludes that it lacks subject-matter jurisdiction, the court must dismiss the complaint in its entirety.”).

         The Commissioner argues that this Court does not have subject matter jurisdiction because: (1) § 405(g) is the exclusive basis for this Court's jurisdiction; (2) Plaintiff has not satisfied the jurisdictional prerequisite of exhaustion under § 405(g); and (3) no permissible exception to the exhaustion requirement of § 405(g) applies in this case. This Court agrees.

         A. Federal Jurisdiction over Social Security Appeals

         The Commissioner argues that § 405(g) is the exclusive basis for this Court's jurisdiction over Social Security appeals. In support of that argument, the Commissioner points to 42 U.S.C. § 405(h), which provides that:

No findings of fact or decision of the Commissioner of Social Security shall be reviewed by any person, tribunal, or governmental agency except as herein provided. No action against the United States, the Commissioner of Social Security or any officer or employee thereof shall be brought under section 1331 or 1346 of ...

Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.